We have a decision on Lot 3. It's a good one!

Hon John Carey, Minister for Planning has approved Lot 3 South Coast Highway for tourism rezoning - but he requires significant modifications to the town planning scheme amendment which Denmark Shire Council proposed in order to allow for tourism development at Lot 3. He has imposed specific standards and conditions on any future development which directly address our key concerns and/or provide a means to focus attention on the remaining issues.

Had the Minister rejected rezoning outright, the proponent would still have been able to do everything he wanted to do - caravan park, brewery, restaurant etc - under the existing rural zoning, apart from opening a shop. Business as usual, without the conditions that are now being imposed.

If Minister Carey had approved rezoning without requiring modifications, the proponent would have been able to do all he wanted and the Shire would have had  discretion to approve his (the proponent's) development applications without the need for public advertising. The community would have been dealt out.

Instead, the Minister requires current land usage permissibility under rural zoning be maintained. This means development plans and applications for things like a caravan park, rural industry, public amusement, must be publicly advertised: we get a say. 

He also requires a new Local Development Plan for the site prior to the approval of any new development. This will have to go through a process of public advertising. It is meant to cover related issues such as access to and from site and road safety. 

In addition, the Minister has imposed further requirements, including but not limited to:

• agritourism activity (the orchard and aquaculture) is not supported and must be removed from the amendment;
• a shop can be no larger than 150 square metres;
• all development must be connected to a secondary treatment system approved by the Department of Health; a secondary treatment system with nutrient removal may also be required in accordance with Department of Health conditions;
• all new development must be set back 50 metres from the boundary along South Coast Highway and 20 metres from all other boundaries;
• all structures, including fencing, within the zone must be constructed to be sympathetic to the existing landscape in terms of colour, colour finishes,            location and height to the satisfaction of the Shire;
• at development application stage, the proponent must prepare and submit a landscape and re-vegetation plan for the protection of existing remnant           vegetation, recognition of black cockatoo habitats and re-vegetation of water courses.

As well as the above conditions, the deeming provisions (cl 67) of the Planning and Development (Local Planning Schemes) Regulations also apply.  

The Shire is working on the modifications required by the Minister. The changes will be returned to him and when he is satisfied, they will be endorsed and gazetted.

This is a great outcome and I acknowledge with thanks the detailed consideration the Minister has given to this matter. 

The rezoning phase of the campaign is over. Next comes the development phase. We have solid ground to continue to campaign to ensure that whatever happens at Lot 3 is in the best interests of the environment and the community. 

We truly could not have done this without each one of YOU. The Minister received our petition with over 2,500 signatories following our meeting with him in June. Heartfelt thanks for all your support and for what you have achieved.

We declare VICTORY!!!